, -versusTHE HON. COURT OF APPEALS and SALVADOR URETA, respondents. G.R. No. L-4662 Ma!"# 4, $%%4& Vitug, J. Fa"'() In 1930, Nadal and her sister Benigna, co-owners of a parcel of land in question, mortgaged the land and transferred its possession to spouses osme Nadua and !imona Na"a#ra in consideration of the amount of $99.00 and fifteen %1&' cavans of pala#. (he mortgage was later assigned to respondent !alvador )reta. No document evidenced the transfer, "ut in 19*0, )reta "rought oncepcion and Benigna to Notar# $u"lic +ulio $ere, "efore whom the sisters e-ecuted separate documents, dul# notari,ed, entitled ./scritura 0e ompra-1enta con Pacto de Retro,. in favor of )reta. (he Nadal sisters wanted to redeem the propert#, "ut on different occasions )reta refused to return the propert# for several reasons. 2inall#, the heirs of Benigna, together with Nadal, filed a complaint for recover# of possession and ownership of the land. I((*+) 3hether or not the contract e-ecuted "# Nadal and Benigna was one of sale with pacto de retro or a mortgage in possession. H+,d) It was a mortgage in possession or antichresis. In contracts, the real intent of the parties has alwa#s remained to "e primordial. (he fact that private respondent has "een in possession of the propert# is not all that consequential on the true import of the parties4 agreement. 5 .mortgage in possession,. otherwise termed an .antichresis,. was a practice prevailing even at that time. It entailed the lawful acquisition "# the mortgagee of the possession, actuall# or constructivel#, of the premises mortgaged, with the creditor standing upon his rights merel# as mortgagee, not as owner, for the purpose of enforcing his securit# upon such propert# and allowing its income to pa# for the de"t. In such agreement, the mortgagee would "e o"ligated to account for the fruits received from the mortgaged propert# deducti"le from the total amount due the mortgagee from the mortgagor, including, in this particular case, the value of the improvements introduced "# the mortgagee in possession over which the herein petitioners e-pressed willingness to li6ewise reim"urse.

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